Misplaced Pages

Personal Responsibility and Work Opportunity Act

Article snapshot taken from Wikipedia with creative commons attribution-sharealike license. Give it a read and then ask your questions in the chat. We can research this topic together.

This is an accepted version of this page

#950049

173-538: The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( PRWORA ) is a United States federal law passed by the 104th United States Congress and signed into law by President Bill Clinton . The bill implemented major changes to U.S. social welfare policy , replacing the Aid to Families with Dependent Children (AFDC) program with the Temporary Assistance for Needy Families (TANF) program. The law

346-542: A Democratic president (defined by Bill Clinton 's promise to "end welfare as we know it"). In July 2012, the Department of Health and Human Services released a memo saying that, if states found ways to increase employment generally, they could apply to waive the requirement that 50 percent of a state's TANF caseload be employed. The waiver would allow states to continue distributing TANF funds without requiring individual recipients to work. The Obama administration said this

519-401: A jury , and aggressive pretrial "law and motion" practice designed to result in a pretrial disposition (that is, summary judgment ) or a settlement. U.S. courts pioneered the concept of the opt-out class action , by which the burden falls on class members to notify the court that they do not wish to be bound by the judgment, as opposed to opt-in class actions, where class members must join into

692-542: A British classic or two, a famous old case, or a nod to Blackstone ; but current British law almost never gets any mention." Foreign law has never been cited as binding precedent, but as a reflection of the shared values of Anglo-American civilization or even Western civilization in general. Federal law originates with the Constitution, which gives Congress the power to enact statutes for certain limited purposes like regulating interstate commerce . The United States Code

865-1032: A CHA policy of construction of family housing only in black residential areas, concentrated on the South and West Sides. Historian Arnold R. Hirsch said the CHA was "a bulwark of segregation that helped sustain Chicago's 'second ghetto'". Gentrification of parts of the Douglas community area has bolstered the Black Metropolis-Bronzeville District . Gentrification in various parts of the South Side has displaced many black citizens. The South Side offers numerous housing cooperatives . Hyde Park has several middle-income co-ops and other South Side regions have limited equity (subsidized, price-controlled) co-ops. These regions experienced condominium construction and conversion in

1038-408: A breach of general obligations imposed by law and not by contract. This broad family of civil wrongs involves interference "with person, property, reputation, or commercial or social advantage." South Side (Chicago) The South Side is one of the three major sections of the city of Chicago , Illinois, United States. Geographically, it is the largest of the three sections of the city, with

1211-452: A court as persuasive authority as to how a particular statute or regulation may be interpreted (known as Skidmore deference), but are not entitled to Chevron deference. Unlike the situation with the states, there is no plenary reception statute at the federal level that continued the common law and thereby granted federal courts the power to formulate legal precedent like their English predecessors. Federal courts are solely creatures of

1384-475: A critical barrier to low-income mothers who now are required to find work. Welfare and poverty rates both declined during the late 1990s, leading many commentators to declare that the legislation was a success. One editorial in The New Republic opined, "A broad consensus now holds that welfare reform was certainly not a disaster—and that it may, in fact, have worked much as its designers had hoped." However,

1557-442: A definite natural or artificial boundary. One source states that the boundary is Western Avenue or the railroad tracks adjacent to Western Avenue. This border extends further south to a former railroad right of way paralleling Beverly Avenue and then Interstate 57 . The Southwest Side of Chicago is a subsection of the South Side comprising mainly white, black, and Hispanic neighborhoods, usually dominated by one of these races. On

1730-453: A downwards trend. As enrollment in TANF decreased, macroeconomic indicators such as unemployment rate, number of children in poverty and extreme poverty, and number of single-parent households below the poverty line followed an upwards trend with sharp increases during the late 2007-2009 recession. Alleging that enrollment in the program did not track poverty, critics of welfare reform point to this as

1903-541: A failure of the PRWORA. Frances Fox Piven said that the problem with AFDC was not a problem with the welfare system, but with low-wage work : Logically, but not in the heated and vitriolic politics created by the attack on welfare, a concern with the relationship of welfare to dependency should have directed attention to the deteriorating conditions of the low-wage labor market. After all, if there were jobs that paid living wages, and if health care and child care were available,

SECTION 10

#1732844874951

2076-566: A final version is published in the Federal Register. The regulations are codified and incorporated into the Code of Federal Regulations (CFR) which is published once a year on a rolling schedule. Besides regulations formally promulgated under the APA, federal agencies also frequently promulgate an enormous amount of forms, manuals, policy statements, letters, and rulings. These documents may be considered by

2249-492: A former company town, Hyde Park Township, various platted communities and subdivisions were the results of such efforts. The Union Stock Yards , which were once located in the New City community area (#61), at one point employed 25,000 people and produced 82 percent of US domestic meat production. They were so synonymous with the city that for over a century they were part of the lyrics of Frank Sinatra 's " My Kind of Town ", in

2422-627: A great many women on AFDC would leap at the chance of a better income and a little social respect. PRWORA has been accused of attempting to fight poverty by "controlling the reproductive capacity of women, compelling unmarried mothers to work outside the home, and coercing women into relations with men." Barbara Ehrenreich , a feminist political activist, has said that the bill was motivated by racism and misogyny, using stereotypes of lazy, overweight, slovenly, sexually indulgent and "endlessly fecund" African-American welfare recipients, and assumed that out-of-wedlock births were "illegitimate" and that only

2595-522: A grid demarcating Madison Street as the east–west axis and State Street as the north–south axis. Madison is in the middle of the Loop. As a result, much of the downtown "Loop" district is south of Madison Street, and the river, but the Loop is usually excluded from any of the Sides. One definition has the South Side beginning at Roosevelt Road , at the Loop's southern boundary, with the community area known as

2768-585: A handful of areas like insurance , Congress has enacted laws expressly refusing to regulate them as long as the states have laws regulating them (see, e.g., the McCarran–Ferguson Act ). After the president signs a bill into law (or Congress enacts it over the president's veto), it is delivered to the Office of the Federal Register (OFR) of the National Archives and Records Administration (NARA) where it

2941-440: A job but are also the primary caregiver to their children. According to census data from 1995, one year before PWORWA was enacted, found that "11 million children under age 6 have mothers who work outside the home and thus make use of some form of child care. It has been estimated that this number will increase by almost 2 million when mothers who previously received AFDC assistance are required to find employment." Child care provides

3114-633: A large part of the housing supply during and after the Great Depression , especially in the "Black Belt". The South Side had a history of philanthropic subsidized housing dating back to 1919. The United States Congress passed the Housing Act of 1949 to fund and improve public housing. CHA produced a plan of citywide projects, which was rejected by the Chicago City Council 's white aldermen who opposed public housing in their wards. This led to

3287-555: A larger city of Chicago. Lake View, Jefferson, Lake, Hyde Park Townships and the Austin portion of Cicero voted to be annexed by the city in the June 29, 1889, elections. After the Civil War freed millions of slaves, during Reconstruction black southerners migrated to Chicago and caused the black population to nearly quadruple from 4,000 to 15,000 between 1870 and 1890. In the 20th century,

3460-438: A legislative branch which enacts state statutes, an executive branch that promulgates state regulations pursuant to statutory authorization, and a judicial branch that applies, interprets, and occasionally overturns both state statutes and regulations, as well as local ordinances. They retain plenary power to make laws covering anything not preempted by the federal Constitution, federal statutes, or international treaties ratified by

3633-426: A lesser form of judicial deference known as Skidmore deference . Many lawsuits turn on the meaning of a federal statute or regulation, and judicial interpretations of such meaning carry legal force under the principle of stare decisis . During the 18th and 19th centuries, federal law traditionally focused on areas where there was an express grant of power to the federal government in the federal Constitution, like

SECTION 20

#1732844874951

3806-574: A lifetime ban for drug felons. The change is part of criminal justice reforms lawmakers have passed in aiming to prevent recidivism or the tendency for convicted criminals to reoffend. Another provision of PRWORA made some immigrants entering the United States ineligible for federal public benefits during the first five years after securing "qualified" immigrant status. Qualified immigrants include: All other immigrants, including illegal immigrants, temporary residents, and those who are lawfully present in

3979-414: A loss of opportunities for promotions and pressure on women to prioritize their domestic duties and to work jobs that can accommodate for these duties. She asserts that welfare systems, including PRWORA, were not made for women, because they have been created based on the male Breadwinner model , which believes that people are poor because they are jobless and the solution is to give them jobs. But because of

4152-485: A male could confer respectability on a child. PRWORA dismissed the value of the unpaid work of raising a family, and insisted that mothers get paid work, "no matter how dangerous, abusive, or poorly paid". Three assistant secretaries at the Department of Health and Human Services, Mary Jo Bane , Peter B. Edelman , and Wendell E. Primus, resigned to protest the law. According to Edelman, the 1996 welfare reform law destroyed

4325-409: A matter of fundamental fairness, and second, because in the absence of case law, it would be completely unworkable for every minor issue in every legal case to be briefed, argued, and decided from first principles (such as relevant statutes, constitutional provisions, and underlying public policies), which in turn would create hopeless inefficiency, instability, and unpredictability, and thereby undermine

4498-506: A means of "privatizing poverty, reaffirming patriarchy, and spotlighting women of color as moral failures." United States federal law The law of the United States comprises many levels of codified and uncodified forms of law , of which the supreme law is the nation's Constitution , which prescribes the foundation of the federal government of the United States, as well as various civil liberties . The Constitution sets out

4671-415: A medical issue and others categorizing the same offense as a serious felony . The law of criminal procedure in the United States consists of a massive overlay of federal constitutional case law interwoven with the federal and state statutes that actually provide the foundation for the creation and operation of law enforcement agencies and prison systems as well as the proceedings in criminal trials. Due to

4844-521: A number of civil law innovations. In the United States, the law is derived from five sources: constitutional law , statutory law , treaties, administrative regulations , and the common law (which includes case law). If Congress enacts a statute that conflicts with the Constitution, state or federal courts may rule that law to be unconstitutional and declare it invalid. Notably, a statute does not automatically disappear merely because it has been found unconstitutional; it may, however, be deleted by

5017-475: A place of political controversy. Although the locations of some of these notable controversies have not become official landmarks, they remain important parts of Chicago history. The Chicago Race Riot of 1919 was the worst of the approximately 25 riots during the Red Summer of 1919 and required 6,000 National Guard troops. As mentioned above, segregation has been a political theme of controversy for some time on

5190-565: A plan had emerged on welfare reform. Newt Gingrich accused the President of stalling on welfare and proclaimed that Congress could pass a welfare reform bill in as little as 90 days. Gingrich promised that the Republican Party would continue to apply political pressure to the President to approve welfare legislation. In 1996, after constructing two welfare reform bills that were vetoed by President Clinton, Gingrich and his supporters pushed for

5363-625: A small number of important British statutes in effect at the time of the Revolution have been independently reenacted by U.S. states. Two examples are the Statute of Frauds (still widely known in the U.S. by that name) and the Statute of 13 Elizabeth (the ancestor of the Uniform Fraudulent Transfer Act). Such English statutes are still regularly cited in contemporary American cases interpreting their modern American descendants. Despite

Personal Responsibility and Work Opportunity Act - Misplaced Pages Continue

5536-625: A strong negative correlation for TANF assistance granted to immigrants, as states with large African American populations were more likely to correspond with excluding lawful permanent residents from the program. In addition, states with large immigrant populations were more likely to correspond with people participating in Medicaid, as the program was designed to incentivize high-poverty states to include more people. In fact, high-poverty states acquire higher federal funding rates for each individual they cover through Medicaid. A large body of research examines

5709-522: A subsequent statute. Many federal and state statutes have remained on the books for decades after they were ruled to be unconstitutional. However, under the principle of stare decisis , a lower court that enforces an unconstitutional statute will be reversed by the Supreme Court. Conversely, any court that refuses to enforce a constitutional statute will risk reversal by the Supreme Court. The United States and most Commonwealth countries are heirs to

5882-406: A system where "pregnant teen-aged girls from Milwaukee , no matter what their background is or where they live, can pursue careers and chase their dreams." His solution was workfare , whereby poor individuals, typically single mothers, had to be employed in order to receive assistance. Thompson later served as Health and Human Services Secretary under President George W. Bush . Passage of PRWORA

6055-453: A unique position when it comes to welfare, poverty, and work. Without proper education and training programs, women are often not able to obtain jobs that provide an income large enough to lift themselves and their families out of welfare. Another major impact of work requirements on women in welfare programs is the absence of adequate and affordable child care. This issue disproportionately affects single mothers on welfare who are required to get

6228-400: A willingness to reconsider others. And that willingness could itself threaten to substitute disruption, confusion, and uncertainty for necessary legal stability. We have not found here any factors that might overcome these considerations. It is now sometimes possible, over time, for a line of precedents to drift from the express language of any underlying statutory or constitutional texts until

6401-427: A year or less in jail and a substantial fine. To simplify the prosecution of traffic violations and other relatively minor crimes, some states have added a third level, infractions . These may result in fines and sometimes the loss of one's driver's license, but no jail time. On average, only three percent of criminal cases are resolved by jury trial; 97 percent are terminated either by plea bargaining or dismissal of

6574-441: Is no general federal common law . Although federal courts can create federal common law in the form of case law, such law must be linked one way or another to the interpretation of a particular federal constitutional provision, statute, or regulation (which was either enacted as part of the Constitution or pursuant to constitutional authority). Federal courts lack the plenary power possessed by state courts to simply make up law, which

6747-579: Is a cornerstone of the city's Chinese community. The South Side offers many outdoor amenities, such as miles of public lakefront parks and beaches, as it borders Lake Michigan on its eastern side. Today's South Side is mostly a combination of the former Hyde Park and Lake Townships. Within these townships many had made speculative bets on future prosperity. Much of the South Side evolved from these speculative investments. Stephen A. Douglas , Paul Cornell , George Pullman and various business entities developed South Chicago real estate. The Pullman District ,

6920-409: Is a function of population, it is not perfectly responsive considering the populations that would perceive benefits (i.e. population greater than 10%) only grew from five states in 1984 to ten in 2001. The remaining states exhibited negative relationships between Latino population and welfare generosity with legislative incorporation not overcoming this phenomenon. The last major reform effort of PRWORA

7093-1057: Is along Roosevelt Road , is the tallest building on the South Side. One Museum Park West , which is next door to One Museum Park, is another of Chicago's tallest . 1700 East 56th Street in Hyde Park is the tallest building south of 13th Street. This neighborhood hosts several other highrises. Many landmark buildings are found in the Black Metropolis-Bronzeville District, including Powhatan Apartments , Robie House and John J. Glessner House . The South Side has many of Chicago's premier places of worship such as Eighth Church of Christ, Scientist , First Church of Deliverance and K.A.M. Isaiah Israel Temple . The South Side has several landmark districts including two in Barack Obama 's Kenwood community area: Kenwood District , North Kenwood District and (partially) Hyde Park-Kenwood Historic District . The South Side hosts

Personal Responsibility and Work Opportunity Act - Misplaced Pages Continue

7266-513: Is assigned a law number, and prepared for publication as a slip law . Public laws, but not private laws, are also given legal statutory citation by the OFR. At the end of each session of Congress, the slip laws are compiled into bound volumes called the United States Statutes at Large , and they are known as session laws . The Statutes at Large present a chronological arrangement of the laws in

7439-406: Is envisioned as being lazy, uncaring of her children (who are also stereotyped as having been born out-of-wedlock), and unwilling to work. This version of the woman is labelled as "undeserving" of their welfare. The Personal Responsibility and Work Opportunity Act has continuously been criticized for its violations of universal human rights. Susan L. Thomas, a professor at Hollins University , wrote

7612-424: Is further critiqued for its lack of consideration of familial responsibilities, such as caring for children and elderly parents, which are placed more heavily upon women. The bill has also been criticized for ignoring and not accommodating for the complexities of gender, color, and sexual preference discrimination within society that contribute to the poverty of people of color, women, and LGBT people. Diana Pearce,

7785-601: Is larger in area than the North and West Sides combined. Out of 77 community areas in the city, the South Side of Chicago comprises a total of 42 neighborhoods, with some divided into different regions of the area or consolidated into Chicago as part of the annexation of various townships within Cook County . The exact boundaries dividing the Southwest, South, and Southeast Sides vary by source. If primarily racial lines are followed,

7958-493: Is located on the South Side. Among the highways through the South Side are I-94 (which goes by the names Dan Ryan Expressway , Bishop Ford Freeway and Kingery Expressway on the South Side), I-90 (which goes by the names Dan Ryan Expressway and Chicago Skyway on the South Side), I-57 , I-55 , U.S. 12 , U.S. 20 and U.S. 41 . Several Chicago Transit Authority (CTA) bus and train lines and Metra train lines link

8131-857: Is located on the Southwest Side of the city, as are Beverly and Morgan Park , home to a large concentration of Irish Americans . With its factories, steel mills and meat-packing plants, the South Side saw a sustained period of immigration which began around the 1840s and continued through World War II . Irish , Italian , Polish , Lithuanian and Yugoslav immigrants, in particular, settled in neighborhoods adjacent to industrial zones. The Illinois Constitution gave rise to townships that provided municipal services in 1850. Several settlements surrounding Chicago incorporated as townships to better serve their residents. Growth and prosperity overburdened many local government systems. In 1889, most of these townships determined that they would be better off as part of

8304-462: Is not repugnant to domestic law or indigenous conditions. Some reception statutes impose a specific cutoff date for reception, such as the date of a colony's founding, while others are deliberately vague. Thus, contemporary U.S. courts often cite pre-Revolution cases when discussing the evolution of an ancient judge-made common law principle into its modern form, such as the heightened duty of care traditionally imposed upon common carriers . Second,

8477-411: Is only amplified when considering the issue of the segregation of women into underpaid work, limiting possibilities of economic growth. Susan L. Thomas made similar arguments, stating that these disadvantages were created from masculinism . She argued that masculinism gives men more roles in the labor market, while reserving the responsibility of "family" and reproduction to (white) women, resulting in

8650-423: Is permitted in some states but not others. Three strikes laws in certain states impose harsh penalties on repeat offenders. Some states distinguish between two levels: felonies and misdemeanors (minor crimes). Generally, most felony convictions result in lengthy prison sentences as well as subsequent probation , large fines , and orders to pay restitution directly to victims; while misdemeanors may lead to

8823-456: Is the most prominent of the small number of remaining equity courts. Thirty-five states have adopted rules of civil procedure modeled after the FRCP (including rule numbers). However, in doing so, they had to make some modifications to account for the fact that state courts have broad general jurisdiction while federal courts have relatively limited jurisdiction. New York, Illinois, and California are

SECTION 50

#1732844874951

8996-554: Is the official compilation and codification of the general and permanent federal statutes. Many statutes give executive branch agencies the power to create regulations , which are published in the Federal Register and codified into the Code of Federal Regulations . From 1984 to 2024, regulations generally also carried the force of law under the Chevron doctrine , but are now subject only to

9169-540: Is usually expressed in the form of various legal rights and duties). (The remainder of this article requires the reader to be already familiar with the contents of the separate article on state law .) Criminal law involves the prosecution by the state of wrongful acts which are considered to be so serious that they are a breach of the sovereign's peace (and cannot be deterred or remedied by mere lawsuits between private parties). Generally, crimes can result in incarceration , but torts (see below) cannot. The majority of

9342-530: The American Economic Review by Crystal S. Yang examined the effects of the Personal Responsibility and Work Opportunity Reconciliation Act's ban on welfare benefits and food stamps to individuals convicted of felony drug offenses. Yang determined that access to welfare and food stamps at the time of release "substantially decreases recidivism among newly released drug offenders". Besides

9515-534: The Beverly neighborhood along Western Avenue each year on the Sunday before St. Patrick's Day . The parade, which was founded in 1979, was at one time said to be the largest Irish neighborhood St. Patrick's celebration in the world outside of Dublin , Ireland , and was—until being scaled back in 2012—actually larger than Chicago's other St. Patrick's Day parade in the Loop. The South Side parade became such an event that it

9688-610: The California constitutional convention was already complaining: "Now, when we require them to state the reasons for a decision, we do not mean they shall write a hundred pages of detail. We [do] not mean that they shall include the small cases, and impose on the country all this fine judicial literature, for the Lord knows we have got enough of that already." Today, in the words of Stanford law professor Lawrence M. Friedman : "American cases rarely cite foreign materials. Courts occasionally cite

9861-456: The Chicago Imagists . Music in Chicago flourished, with musicians bringing blues and gospel influences up from the South and creating a Chicago sound in blues and jazz that the city is still renowned for. The South Side was known for its R&B acts and the city as a while had successful rock acts. Many major and independent record companies had a presence in Chicago. In 1948, Blues

10034-610: The Chicago Landmark KAM Isaiah Israel . The Southwest Side's ethnic makeup also includes the largest concentration of Gorals ( Carpathian highlanders) outside of Europe; it is the location of the Polish Highlanders Alliance of North America . A large Mexican-American population resides in Little Village (South Lawndale) and areas south of 99th Street. The South Side Irish Parade occurs in

10207-534: The Chicago Transit Authority , it hosts Midway International Airport , and includes several Metra rail commuter lines. There are portions of the U.S. Interstate Highway System and also national highways such as Lake Shore Drive . There is some debate as to the South Side's boundaries. Originally the sides were taken from the banks of the Chicago River. The city's address numbering system uses

10380-594: The Civil Rights Movement struck down many of these regulations, creating new categories of people eligible for relief. Community organizations, such as the National Welfare Rights Organization , also distributed informational packets informing citizens of their ability to receive government assistance. Between 1936 and 1969, the number of families receiving support increased from 162,000 to 1,875,000. After 1970, however, federal funding for

10553-448: The Erie doctrine is that federal courts cannot dictate the content of state law when there is no federal issue (and thus no federal supremacy issue) in a case. When hearing claims under state law pursuant to diversity jurisdiction , federal trial courts must apply the statutory and decisional law of the state in which they sit, as if they were a court of that state, even if they believe that

SECTION 60

#1732844874951

10726-476: The Federal Arbitration Act (which has been interpreted to cover all contracts arising under federal or state law), arbitration clauses are generally enforceable unless the party resisting arbitration can show unconscionability or fraud or something else which undermines the entire contract. Tort law generally covers any civil action between private parties arising from wrongful acts that amount to

10899-465: The Great Migration between 1940 and 1970 in which millions of black people migrated from the agricultural South to the more industrial northern and western regions of the United States to find jobs in wartime defense industry and in the post-war era. Additionally, all able-bodied adults without children and two-parent families were originally disqualified from obtaining AFDC funds. Court rulings during

11072-477: The Judiciary Acts ), and the beginning of regular verbatim publication of U.S. appellate decisions by West Publishing . The rule gradually developed, case-by-case, as an extension of the judiciary's public policy of effective judicial administration (that is, in order to efficiently exercise the judicial power). The rule of binding precedent is generally justified today as a matter of public policy, first, as

11245-517: The Museum of Science and Industry , located in the Palace of Fine Arts, one of the few remaining buildings from the 1893 World's Columbian Exposition , which was hosted in South Side. The South Side is the residence of other prominent black leaders such as Jesse Jackson and Louis Farrakhan . It is also where U.S. Congressman Bobby Rush , a former Black Panther leader, serves. The South Side has been

11418-914: The Near South Side immediately adjacent. Another definition, taking into account that much of the Near South Side is in effect part of the commercial district extending in an unbroken line from the South Loop, locates the boundary immediately south of 18th Street or Cermak Road , where Chinatown in the Armour Square community area begins. Lake Michigan and the Indiana state line provide eastern boundaries. The southern border changed over time because of Chicago's evolving city limits. The city limits are now at 138th Street, in Riverdale and Hegewisch . The South Side

11591-531: The Secretary of Health and Human Services , pointed out that multiple states, including some with Republican governors, had asked Congress to allow waivers. A central pledge of Clinton's campaign was to reform the welfare system, adding changes such as work requirements for recipients. However, by 1994, the Clinton Administration appeared to be more concerned with universal health care , and no details or

11764-518: The Temporary Assistance to Needy Families program, which placed time limits on welfare assistance and replaced the longstanding Aid to Families with Dependent Children program. Other changes to the welfare system included stricter conditions for food stamps eligibility, reductions in immigrant welfare assistance, and recipient work requirements. Gingrich and Clinton negotiated the legislation in private meetings. Previously, Clinton had quietly spoken with Senate Majority Whip Trent Lott for months about

11937-533: The military , money , foreign relations (especially international treaties), tariffs , intellectual property (specifically patents and copyrights ), and mail . Since the start of the 20th century, broad interpretations of the Commerce and Spending Clauses of the Constitution have enabled federal law to expand into areas like aviation , telecommunications , railroads , pharmaceuticals , antitrust , and trademarks . In some areas, like aviation and railroads,

12110-447: The rule of law . The contemporary form of the rule is descended from Justice Louis Brandeis 's "landmark dissent in 1932's Burnet v. Coronado Oil & Gas Co .", which "catalogued the Court's actual overruling practices in such a powerful manner that his attendant stare decisis analysis immediately assumed canonical authority." Here is a typical exposition of how public policy supports

12283-465: The 1940s. Other four-year educational institutions there are the Illinois Institute of Technology , St. Xavier University , Chicago State University , Illinois College of Optometry and Shimer College . The South Side also hosts community colleges such as Olive-Harvey College , Kennedy-King College and Richard J. Daley College . Chicago Public Schools operates the public schools on

12456-500: The 1970s and 1980s. In the late 20th century, the South Side had some of the poorest housing conditions in the U.S., but the Chicago Housing Authority (CHA) began replacing the old high-rise public housing with mixed-income , lower-density developments, part of the city's Plan for Transformation. Many of the CHA's massive public housing projects, which lined several miles of South State Street, have been demolished. Among

12629-465: The 1970s gangs returned to violence and the drug trade. By 2000, traditionally all-male gangs crossed gender lines to include about 20% females. By the 1930s, the city of Chicago boasted that over 25% of its residential structures were less than 10 years old, many of which were bungalows . These continued to be built in the working-class South Side into the 1960s. Studio apartments , with Murphy beds and kitchenettes or Pullman kitchens , comprised

12802-441: The 1980s, AFDC came under increasing bipartisan criticism for the program's alleged ineffectiveness. While acknowledging the need for a social safety net, Democrats often invoked the culture of poverty argument. Proponents of the bill argued that welfare recipients were "trapped in a cycle of poverty". Highlighting instances of welfare fraud , conservatives often referred to the system as a "welfare trap" and pledged to "dismantle

12975-440: The 50 U.S. states and in the territories. However, the scope of federal preemption is limited because the scope of federal power is not universal. In the dual sovereign system of American federalism (actually tripartite because of the presence of Indian reservations ), states are the plenary sovereigns , each with their own constitution , while the federal sovereign possesses only the limited supreme authority enumerated in

13148-606: The Bronzeville neighborhood, through the main portion of the South Side. Neighborhood rehabilitation, and in some cases, gentrification, can be seen in parts of Washington Park , Woodlawn (#42) and Bronzeville, as well as in Bridgeport and McKinley Park. Historic Pullman 's redevelopment is another example of a work in progress. Chinatown is located on the South Side and has seen a surge in growth. It has become an increasingly popular destination for both tourists and locals alike and

13321-424: The Chicago River, but it now excludes the Loop. The South Side has a varied ethnic composition and a great variety of income levels and other demographic measures. It has a reputation for crime, although most crime is contained within certain neighborhoods, not throughout the South Side itself, and residents range from affluent to middle class to poor. South Side neighborhoods such as Armour Square , Back of

13494-461: The Constitution. Indeed, states may grant their citizens broader rights than the federal Constitution as long as they do not infringe on any federal constitutional rights. Thus U.S. law (especially the actual "living law" of contract , tort , property , probate , criminal and family law , experienced by citizens on a day-to-day basis) consists primarily of state law , which, while sometimes harmonized, can and does vary greatly from one state to

13667-452: The Dan Ryan divided Daley's own neighborhood, the traditionally Irish Bridgeport, from Bronzeville. The economic conditions that led to migration into the South Side were not sustained. Mid-century industrial restructuring in meat packing and the steel industry cost many jobs. Blacks who became educated and achieved middle-class jobs also left after the Civil Rights Movement to other parts of

13840-471: The House Newt Gingrich , Congress passed PRWORA, and Clinton signed the bill into law on August 22, 1996. PRWORA granted states greater latitude in administering social welfare programs, and implemented new requirements on welfare recipients, including a five-year lifetime limit on benefits. After the passage of the law, the number of individuals receiving federal welfare dramatically declined. The law

14013-450: The PRWORA was a lifetime ban on the use of food stamps through TANF for people convicted of drug felonies. It disallowed those with federal or state felony drug convictions from receiving benefits from Supplemental Nutrition Assistance Program (SNAP) and TANF for life. Although it applied to all 50 states by default, states were also given the option to opt out of the ban. As of May 2019, only two states (South Carolina and West Virginia) have

14186-544: The Republican-majority Congress, it was considered a political risk to veto a third bill during a campaign season with welfare reform as a central theme. As he signed the bill on August 22, 1996, Clinton stated that the act "gives us a chance we haven't had before to break the cycle of dependency that has existed for millions and millions of our fellow citizens, exiling them from the world of work. It gives structure, meaning and dignity to most of our lives". After

14359-688: The South Side as exhibited by Hansberry v. Lee , 311 U.S. 32 (1940). President Obama announced in 2015 that the Barack Obama Presidential Center would be built adjacent the University of Chicago campus. Both Washington Park and Jackson Park were considered and it was announced in July 2016 that it would be built in Jackson Park. The South Side is served by mass transit as well as roads and highways. Midway International Airport

14532-458: The South Side can generally be divided into a White and Hispanic Southwest Side, a largely Black South Side and a smaller, more racially diverse Southeast Side centered on the East Side community area and including the adjacent community areas of South Chicago , South Deering and Hegewisch . The differing interpretations of the boundary between the South and Southwest Sides are due to a lack of

14705-609: The South Side such as Hansberry v. Lee , 311 U.S. 32 (1940), went to the U. S. Supreme Court . The case, which reset the limitations of res judicata , successfully challenged racial restrictions in the Washington Park Subdivision by reopening them for legal argument. Blacks resided in Bronzeville (around 35th and State Streets) in an area called "the Black Belt". After World War II , blacks spread across

14878-628: The South Side to rest of the city. The South Side is served by the Red , Green and Orange lines of the CTA and the Rock Island District , Metra Electric and South Shore Metra lines and a few stops on the SouthWest Service Metra line. Standard local metropolitan bus service and CTA express service bus routes provide service to the Loop. Chicago's African American community, concentrated on

15051-546: The South Side's Bridgeport community area, which also produced two other Chicago Mayors. University of Chicago Lab School , affiliated with the University of Chicago, is a private school located there. The South Side is home to many official landmarks and other notable buildings and structures. It hosts three of the four Chicago Registered Historic Places from the original October 15, 1966 National Register of Historic Places list ( Chicago Pile-1 , Robie House and Lorado Taft Midway Studios ). One Museum Park , which

15224-421: The South Side, descendants of earlier immigrants, such as ethnic Irish, began to move out. Later housing pressures and civic unrest caused more whites to leave the area and the city. Older residents of means moved to newer suburban housing as new migrants entered the city, driving further demographic changes. The South Side was racially segregated for many decades. During the 1920s and 1930s, housing cases on

15397-556: The South Side, experienced an artistic movement from the 1930s until the 1960s. The movement was concentrated in and around the Hyde Park community area. Prominent writers and artists included Gwendolyn Brooks , Margaret Burroughs , Elizabeth Catlett , Eldzier Cortor , Gordon Parks , and Richard Wright . Other Chicago Black Renaissance artists included Willard Motley , William Attaway , Frank Marshall Davis , and Margaret Walker . St. Clair Drake and Horace R. Cayton represented

15570-456: The South Side, including DuSable High School , Simeon Career Academy , John Hope College Prep High School and Phillips Academy High School . The De La Salle Institute , located in the Douglas community area across the street from Chicago Police Department headquarters, has taught five Chicago Mayors : Richard J. Daley , Michael A. Bilandic , Martin H. Kennelly , Frank J. Corr and Richard M. Daley . Three of these mayors hail from

15743-501: The South Side; its center, east, and western portions. The Black Belt arose from discriminatory real estate practices by whites against blacks and other racial groups. In the early 1960s, during the tenure of then Mayor Richard J. Daley , the construction of the Dan Ryan Expressway created controversy. Many perceived the highway's location as an intentional physical barrier between white and black neighborhoods, particularly as

15916-424: The Southwest Side exclusively, the northern portion has a high concentration of Hispanics, the western portion has a high concentration of whites, and the eastern portion has a high concentration of blacks. Architecturally, the Southwest Side is distinguished by the tract of Chicago's Bungalow Belt, which runs through it. Archer Heights , a Polish enclave along Archer Avenue , which leads toward Midway Airport ,

16089-423: The U.S., are considered "not qualified". With a few exceptions, PRWORA excluded people in both categories from eligibility for many benefits: TANF, food stamps, Supplemental Security Income (SSI), Medicaid, and State Children's Health Insurance Program (CHIP). PRWORA enforced new citizenship requirements for federal public benefits. The involvement of immigrants in public benefits programs greatly decreased after

16262-459: The United Kingdom lacked a coherent court hierarchy prior to the end of the 19th century. Furthermore, English judges in the eighteenth century subscribed to now-obsolete natural law theories of law, by which law was believed to have an existence independent of what individual judges said. Judges saw themselves as merely declaring the law which had always theoretically existed, and not as making

16435-690: The Yards , Bridgeport , and Pullman host more blue collar and middle-class residents, while Hyde Park , the Jackson Park Highlands District , Kenwood , Beverly , Mount Greenwood , and west Morgan Park range from middle class to more affluent residents. The South Side boasts a broad array of cultural and social offerings, such as professional sports teams, landmark buildings, museums, educational institutions, medical institutions, beaches, and major parts of Chicago's parks system. The South Side has numerous bus routes and 'L' train lines via

16608-498: The ability to design their own systems, as long as states met a set of basic federal requirements. The bill's primary requirements and effects included the following: The legislation also greatly limited funds available for unmarried parents under 18 and restricted any funding to all immigrants. Some state programs emphasized a shift towards work with names such as " Wisconsin Works " and "WorkFirst." Between 1997 and 2000, enormous numbers of

16781-672: The amount allocated to each state based on the state's spending history. These block grant amounts proved to be more than the states could initially spend, as AFDC and TANF caseloads dropped by 40% from 1994 to 1998 due to the booming economy. As a result, states had accumulated surpluses which could be spent in future years. States also had the flexibility to use these funds for child care and other programs. CBO also estimated that TANF outlays (actual spending) would total $ 12.6 billion in fiscal years 1999 and 2000, grow to $ 14.2 billion by 2002, and reach $ 19.4 billion by 2009. For scale, total spending in FY 2000

16954-447: The appointment. Welfare reform efforts such as PRWORA have been criticized for focusing almost exclusively on individual failure and irresponsibility, especially among people of color, as factors leading to poverty. However, there is no scholarly consensus on the etiology of poverty, and many theories focus instead on structural inequalities such as disparities in pay and hiring discrimination . The concept of "personal responsibility"

17127-406: The average American citizen is subject to the rules and regulations of several dozen different agencies at the federal, state, and local levels, depending upon one's current location and behavior. American lawyers draw a fundamental distinction between procedural law (which controls the procedure by which legal rights and duties are vindicated) and substantive law (the actual substance of law, which

17300-411: The bill for not taking all these factors into consideration when deciding who is "worthy" and "unworthy" of welfare. Many critics have argued that the PRWORA bases its reasoning on the stereotype of single black mothers who receive welfare, commonly known as the "welfare queen." The welfare queen is one who often deliberately and intentionally becomes pregnant in order to increase their welfare. The woman

17473-572: The bill violates Articles 2, 5 and 16 of the Women's Convention as it allows states to fail to "condemn discrimination in all its forms", by promoting patriarchal , heterosexual marriage; discriminating against unmarried mothers and women of color ; and infringing on women's constitutional rights to privacy and procreation. Gwendolyn Mink, an Associate Professor of Politics at the University of California, Santa Cruz , has criticized TANF for using marriage as

17646-421: The bill, but a compromise on a more acceptable bill for the President could not be reached. Gingrich, on the other hand, gave accurate information about his party's vote counts and persuaded the more conservative members of the Republican Party to vote in favor of PRWORA. President Clinton found the legislation more conservative than he would have preferred; however, having vetoed two earlier welfare proposals from

17819-539: The boundaries of federal law, which consists of Acts of Congress , treaties ratified by the Senate , regulations promulgated by the executive branch , and case law originating from the federal judiciary . The United States Code is the official compilation and codification of general and permanent federal statutory law. The Constitution provides that it, as well as federal laws and treaties that are made pursuant to it, preempt conflicting state and territorial laws in

17992-405: The charges. For public welfare offenses where the state is punishing merely risky (as opposed to injurious) behavior, there is significant diversity across the various states. For example, punishments for drunk driving varied greatly prior to 1990. State laws dealing with drug crimes still vary widely, with some states treating possession of small amounts of drugs as a misdemeanor offense or as

18165-571: The city's conference business with various convention centers . The current McCormick Place Convention Center is the largest convention center in the U.S. and the third largest in the world. Previously, the South Side hosted conventions at the Chicago Coliseum and the International Amphitheatre . The Ford City Mall and the surrounding shopping district includes several big-box retailers . The South Side has been home to some of

18338-546: The city. Street gangs have been prominent in some South Side neighborhoods for over a century, beginning with those of Irish immigrants, who established the first territories in a struggle against other European and black migrants. Some other neighborhoods stayed relatively safe for a big city. By the 1960s, gangs such as the Vice Lords began to improve their public image, shifting from criminal ventures to operating social programs funded by government and private grants. However, in

18511-467: The class. Another unique feature is the so-called American Rule under which parties generally bear their own attorneys' fees (as opposed to the English Rule of "loser pays"), though American legislators and courts have carved out numerous exceptions. Contract law covers obligations established by agreement (express or implied) between private parties. Generally, contract law in transactions involving

18684-405: The common law legal tradition of English law. Certain practices traditionally allowed under English common law were expressly outlawed by the Constitution, such as bills of attainder and general search warrants. As common law courts, U.S. courts have inherited the principle of stare decisis . American judges, like common law judges elsewhere, not only apply the law, they also make the law, to

18857-456: The courts' decisions establish doctrines that were not considered by the texts' drafters. This trend has been strongly evident in federal substantive due process and Commerce Clause decisions. Originalists and political conservatives, such as Associate Justice Antonin Scalia have criticized this trend as anti-democratic. Under the doctrine of Erie Railroad Co. v. Tompkins (1938), there

19030-542: The crimes committed in the United States are prosecuted and punished at the state level. Federal criminal law focuses on areas specifically relevant to the federal government like evading payment of federal income tax, mail theft, or physical attacks on federal officials, as well as interstate crimes like drug trafficking and wire fraud. All states have somewhat similar laws in regard to "higher crimes" (or felonies ), such as murder and rape , although penalties for these crimes may vary from state to state. Capital punishment

19203-484: The director of the Center for Women's Welfare, writes that poverty for women is fundamentally different from that for men, but welfare itself is created for poor men. She asserts that women's poverty is caused by two problems that are unique for women: the responsibility to provide all or most financial support for their children and the disadvantages they face in the labor market. In 1988, the average woman received 66 percent of

19376-437: The discrimination women faced, simply finding full-time jobs that paid enough money for independence from welfare is not easy for poor women, Thomas proclaimed and added, "for women it is not the lack of employment that leads to their disproportionately high rates of poverty, rather their poverty stems from the ideological consequences of a gender-biased structuring of the distribution of power and privilege." Thomas then criticized

19549-539: The economic trends occurring during the passing and implementation of PRWORA; researchers cannot pinpoint the exact factors that led to the decrease in enrollment in AFDC/TANF, even in times of economic downturn. Some labor economists argue that the continuing decline in AFDC/TANF enrollment was not due to improved standard of living but offset by an exponential growth in the Earned Income Tax Credit , which by 2012

19722-402: The effects of PRWORA, Hero and Preuhs find that the most inclusive states offer more assistance and welfare generosity to immigrants. These states, however, face challenges in allocating funds due to a larger minority population and cut individual benefit levels per recipient. Moreover, these states assess the costs for inclusion based on racial compositions in the state. In terms of TANF benefits,

19895-596: The enactment of 1996 welfare reform laws. In light of the restrictions to federal funding under the law, states were allowed to grant aid out of their own funds to address the welfare needs of immigrants. Two of the key policies under PRWORA are the inclusion of immigrants in TANF and Medicaid. In 2009, 22 states had extended TANF benefits and Medicaid to immigrants. Five states (California, Hawaii, Minnesota, New York, and Washington) provide assistance to some nonqualified immigrants. Oftentimes, these policies have had discriminatory effects towards minorities. For instance, race has

20068-592: The exact order that they have been enacted. Public laws are incorporated into the United States Code , which is a codification of all general and permanent laws of the United States. The main edition is published every six years by the Office of the Law Revision Counsel of the House of Representatives , and cumulative supplements are published annually. The U.S. Code is arranged by subject matter, and it shows

20241-599: The exception, not the norm." As well as citing many barriers to employment, even after work programs were introduced. Finally, they found that most individuals who were subject to work requirements "remained poor, and some became poorer." It is reported by the National Women's Law Center that "more than 10 million women are the sole support for their children and families." In addition in the labor economy, most women are relegated to service sector jobs and jobs dubbed as low-wage earning jobs. Because of these factors, women are in

20414-412: The extent that their decisions in the cases before them become precedent for decisions in future cases. The actual substance of English law was formally "received" into the United States in several ways. First, all U.S. states except Louisiana have enacted " reception statutes " which generally state that the common law of England (particularly judge-made law) is the law of the state to the extent that it

20587-581: The federal Constitution and the federal Judiciary Acts. However, it is universally accepted that the Founding Fathers of the United States , by vesting "judicial power" into the Supreme Court and the inferior federal courts in Article Three of the United States Constitution , thereby vested in them the implied judicial power of common law courts to formulate persuasive precedent ; this power

20760-450: The federal Senate. Normally, state supreme courts are the final interpreters of state constitutions and state law, unless their interpretation itself presents a federal issue, in which case a decision may be appealed to the U.S. Supreme Court by way of a petition for writ of certiorari . State laws have dramatically diverged in the centuries since independence, to the extent that the United States cannot be regarded as one legal system as to

20933-439: The federal government has developed a comprehensive scheme that preempts virtually all state law, while in others, like family law, a relatively small number of federal statutes (generally covering interstate and international situations) interacts with a much larger body of state law. In areas like antitrust, trademark, and employment law , there are powerful laws at both the federal and state levels that coexist with each other. In

21106-404: The first black Mayor of Chicago , as well as groundbreaking Congressman William L. Dawson , achieved political success from the South Side. The University of Chicago is one of the world's leading universities, counting 97 affiliated Nobel laureates . At Chicago Pile-1 at the university, the first self-sustaining nuclear chain reaction was achieved under the direction of Enrico Fermi in

21279-434: The income of what an average man earned; the average female college graduate working a full-time job still earned less than the average male high school graduate. But the earnings disparity is not the only form of disadvantage that women face in the labor market. Many women are unable to obtain a full-time job not just due to gender discrimination, but also because of unavailable, expensive, or inadequate day care. This problem

21452-409: The issue, but has signaled in dicta that it sides with this rule. Therefore, in those states, there is only one federal court that binds all state courts as to the interpretation of federal law and the federal Constitution: the U.S. Supreme Court itself. The fifty American states are separate sovereigns , with their own state constitutions , state governments , and state courts . All states have

21625-625: The largest were the Robert Taylor Homes . Some census tracts (4904 in Roseland , 7106 in Auburn Gresham ) are 99% black. The South Side covers over 50% of the city's land area alone. It has a higher ratio of single-family homes and larger sections zoned for industry than the North or West Sides. Hyde Park is home to the University of Chicago , as well as the South Side's largest Jewish population, centered on Chicago's oldest synagogue ,

21798-433: The latter are able to do in the absence of constitutional or statutory provisions replacing the common law. Only in a few narrow limited areas, like maritime law, has the Constitution expressly authorized the continuation of English common law at the federal level (meaning that in those areas federal courts can continue to make law as they see fit, subject to the limitations of stare decisis ). The other major implication of

21971-428: The law. Therefore, a judge could reject another judge's opinion as simply an incorrect statement of the law, in the way that scientists regularly reject each other's conclusions as incorrect statements of the laws of science. In turn, according to Kozinski's analysis, the contemporary rule of binding precedent became possible in the U.S. in the nineteenth century only after the creation of a clear court hierarchy (under

22144-1132: The majority of types of law traditionally under state control, but must be regarded as 50 separate systems of tort law, family law, property law, contract law, criminal law, and so on. Most cases are litigated in state courts and involve claims and defenses under state laws. In a 2018 report, the National Center for State Courts ' Court Statistics Project found that state trial courts received 83.8 million newly filed cases in 2018, which consisted of 44.4 million traffic cases, 17.0 million criminal cases, 16.4 million civil cases, 4.7 million domestic relations cases, and 1.2 million juvenile cases. In 2018, state appellate courts received 234,000 new cases. By way of comparison, all federal district courts in 2016 together received only about 274,552 new civil cases, 79,787 new criminal cases, and 833,515 bankruptcy cases, while federal appellate courts received 53,649 new cases. States have delegated lawmaking powers to thousands of agencies , townships , counties , cities , and special districts . And all

22317-427: The memo would remove the main focus of PRWORA. Mitt Romney attacked the measure, saying that Obama was "gutting welfare reform". However, PolitiFact stated that Romney's claim was "not accurate" and "inflames old resentments", giving it a "Pants on Fire" rating. CNN also reported that assertions that Obama was "taking the work requirement off the table" was false. In response to Republican criticism, Kathleen Sebelius ,

22490-457: The mid-19th century. Lawyers and judges used English legal materials to fill the gap. Citations to English decisions gradually disappeared during the 19th century as American courts developed their own principles to resolve the legal problems of the American people. The number of published volumes of American reports soared from eighteen in 1810 to over 8,000 by 1910. By 1879 one of the delegates to

22663-528: The most famous is the Miranda warning . The writ of habeas corpus is often used by suspects and convicts to challenge their detention, while the Third Enforcement Act and Bivens actions are used by suspects to recover tort damages for police brutality. The law of civil procedure governs process in all judicial proceedings involving lawsuits between private parties. Traditional common law pleading

22836-466: The most inclusive states have had the largest decline in benefit levels. For example, California has seen a 22.6% decrease in TANF benefit levels for a family of three. Regardless of incorporation, welfare effort and TANF benefits decline as the Latino population grows from a nominal size to 10 percent of the population. After that point, incorporation influences policy in a distinct manner. While incorporation

23009-414: The most significant figures in the history of American politics. These include Richard J. Daley and his son, Richard M. Daley ; the first black U.S. President , Barack Obama and former first lady Michelle Obama ; the first black female U.S. Senator , Carol Moseley Braun ; and the first black presidential candidate to win a primary, Jesse Jackson . Before them, Harold Washington , a Congressman and

23182-664: The most significant states that have not adopted the FRCP. Furthermore, all three states continue to maintain most of their civil procedure laws in the form of codified statutes enacted by the state legislature, as opposed to court rules promulgated by the state supreme court, on the ground that the latter are undemocratic. But certain key portions of their civil procedure laws have been modified by their legislatures to bring them closer to federal civil procedure. Generally, American civil procedure has several notable features, including extensive pretrial discovery , heavy reliance on live testimony obtained at deposition or elicited in front of

23355-463: The new wave of intellectual expression in literature by depicting the culture of the urban ghetto rather than the culture of blacks in the South in the monograph Black Metropolis . In 1961, Burroughs founded the DuSable Museum of African American History . By the late 1960s the South Side had a robost art movement led by Jim Nutt , Gladys Nilsson , Karl Wirsum and others, who became known as

23528-646: The next. Even in areas governed by federal law, state law is often supplemented, rather than preempted. At both the federal and state levels, with the exception of the legal system of Louisiana , the law of the United States is largely derived from the common law system of English law , which was in force in British America at the time of the American Revolutionary War . However, American law has diverged greatly from its English ancestor both in terms of substance and procedure and has incorporated

23701-529: The number of welfare recipients declined much more sharply than the poverty rate, with a national average of 56% reduction in welfare caseloads and 1% reduction in poverty. The number of children living in extreme poverty, defined as a household income below 50% of the poverty line, increased, with a sharper increase among African-American families. PRWORA redirected the responsibility for service provisions from federal administrations to state administrations, leading to greater inequality between states as one program

23874-485: The numbers expanded with the Great Migration , as blacks left the agrarian South seeking a better future in the industrial North, including the South Side. By 1910, the black population in Chicago reached 40,000, with 78% residing in the Black Belt. Extending 30 blocks, mostly between 31st and 55th Streets, along State Street , but only a few blocks wide, it developed into a vibrant community dominated by black businesses, music, food and culture. As more blacks moved into

24047-560: The other two being the North and West Sides . It radiates and lies south of the city's downtown area, the Chicago Loop . Much of the South Side came from the city's annexation of townships such as Hyde Park . The city's Sides have historically been divided by the Chicago River and its branches. The South Side of Chicago was originally defined as all of the city south of the main branch of

24220-464: The passage of the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA), a bill aimed at substantially reconstructing the welfare system. Authored by Rep. John Kasich and introduced to Congress the month after Confederate Memorial Day in Tennessee, the act gave state governments more autonomy over welfare delivery, while also reducing the federal government's responsibilities. It started

24393-675: The passage of the bill, Gingrich continued to press for welfare reform and increasing employment opportunities for welfare recipients. In his 1998 book Lessons Learned the Hard Way , Gingrich outlined a multi-step plan to improve economic opportunities for the poor. The plan called for encouraging volunteerism and spiritual renewal, placing more importance on families, creating tax incentives and reducing regulations for businesses in poor neighborhoods, and increasing property ownership for low-income families. Gingrich cited his volunteer work with Habitat for Humanity as an example of where he observed that it

24566-416: The perennial inability of legislatures in the U.S. to enact statutes that would actually force law enforcement officers to respect the constitutional rights of criminal suspects and convicts, the federal judiciary gradually developed the exclusionary rule as a method to enforce such rights. In turn, the exclusionary rule spawned a family of judge-made remedies for the abuse of law enforcement powers, of which

24739-441: The phrase: "The Union Stock Yard, Chicago is ..." The Union Stock Yard Gate marking the old entrance to stockyards was designated a Chicago Landmark on February 24, 1972, and a National Historic Landmark on May 29, 1981. Other South Side regions have been known for great wealth, such as Prairie Avenue . 21st century redevelopment includes One Museum Park and One Museum Park West . The South Side accommodates much of

24912-479: The poor have left or been terminated from the program, with a national drop of 53% in total recipients. According to the House Ways and Means Committee, "The major goal of Public Law 104–193 [PRWORA] is to reduce the length of welfare spells by attacking dependency while simultaneously preserving the function of welfare as a safety net for families experiencing temporary financial problems". A major prong in this effort

25085-582: The presence of reception statutes, much of contemporary American common law has diverged significantly from English common law. Although the courts of the various Commonwealth nations are often influenced by each other's rulings, American courts rarely follow post-Revolution precedents from England or the British Commonwealth. Early on, American courts, even after the Revolution, often did cite contemporary English cases, because appellate decisions from many American courts were not regularly reported until

25258-567: The present status of laws (with amendments already incorporated in the text) that have been amended on one or more occasions. Congress often enacts statutes that grant broad rulemaking authority to federal agencies . Often, Congress is simply too gridlocked to draft detailed statutes that explain how the agency should react to every possible situation, or Congress believes the agency's technical specialists are best equipped to deal with particular fact situations as they arise. Therefore, federal agencies are authorized to promulgate regulations. Under

25431-532: The principle of Chevron deference, regulations normally carry the force of law as long as they are based on a reasonable interpretation of the relevant statutes. Regulations are adopted pursuant to the Administrative Procedure Act (APA). Regulations are first proposed and published in the Federal Register (FR or Fed. Reg.) and subject to a public comment period. Eventually, after a period for public comment and revisions based on comments received,

25604-719: The program lagged behind inflation. Between 1970 and 1994, typical benefits for a family of three fell 47% after adjusting for inflation. The idea that the welfare-receiving poor had become too dependent upon public assistance also encouraged the act. The idea was that those who were on welfare for many years lost any initiative to find jobs. Those on welfare realized that taking up a job would mean not only losing benefits but also incur child care, transportation and clothing costs. Their new jobs probably would not pay well or include health insurance, whereas on welfare they would have been covered by Medicaid. Therefore, there are many reasons welfare recipients would be discouraged from working. In

25777-580: The relevant state law is irrational or just bad public policy. Under Erie , such federal deference to state law applies only in one direction: state courts are not bound by federal interpretations of state law. Similarly, state courts are also not bound by most federal interpretations of federal law. In the vast majority of state courts, interpretations of federal law from federal courts of appeals and district courts can be cited as persuasive authority, but state courts are not bound by those interpretations. The U.S. Supreme Court has never squarely addressed

25950-468: The rest were unpublished and bound only the parties to each case. As federal judge Alex Kozinski has pointed out, binding precedent as we know it today simply did not exist at the time the Constitution was framed. Judicial decisions were not consistently, accurately, and faithfully reported on both sides of the Atlantic (reporters often simply rewrote or failed to publish decisions which they disliked), and

26123-453: The rule of stare decisis . This is where the act of deciding a case becomes a limited form of lawmaking in itself, in that an appellate court's rulings will thereby bind itself and lower courts in future cases (and therefore also implicitly binds all persons within the court's jurisdiction). Prior to a major change to federal court rules in 2007, about one-fifth of federal appellate cases were published and thereby became binding precedents, while

26296-422: The rule of binding precedent in a 2008 majority opinion signed by Justice Breyer : Justice Brandeis once observed that "in most matters it is more important that the applicable rule of law be settled than that it be settled right." Burnet v. Coronado Oil & Gas Co. [...] To overturn a decision settling one such matter simply because we might believe that decision is no longer "right" would inevitably reflect

26469-486: The safety net. It increased poverty, lowered income for single mothers, put people from welfare into homeless shelters, and left states free to eliminate welfare entirely. It moved mothers and children from welfare to work, but many of them are not making enough to survive. Many of them were pushed off welfare rolls because they didn't show up for an appointment, because they could not get to an appointment for lack of child care, said Edelman, or because they were not notified of

26642-593: The sale of goods has become highly standardized nationwide as a result of the widespread adoption of the Uniform Commercial Code. However, there is still significant diversity in the interpretation of other kinds of contracts, depending upon the extent to which a given state has codified its common law of contracts or adopted portions of the Restatement (Second) of Contracts . Parties are permitted to agree to arbitrate disputes arising from their contracts. Under

26815-448: The state constitutions, statutes and regulations (as well as all the ordinances and regulations promulgated by local entities) are subject to judicial interpretation like their federal counterparts. It is common for residents of major U.S. metropolitan areas to live under six or more layers of special districts as well as a town or city, and a county or township (in addition to the federal and state governments). Thus, at any given time,

26988-465: The way that racial composition, welfare structure, and immigrant population determine how states include immigrants in welfare. Research shows that a larger percentage of African-American recipients leads to stricter rules governing initial eligibility, less flexibility in welfare work requirements, and lower cash benefits to welfare recipients. There is also a negative relationship between cash benefit levels and percentage of welfare recipients. In analyzing

27161-463: The welfare state". Ronald Reagan's oft-repeated story of a welfare queen from Chicago's South Side became part of a larger discourse on welfare reform . Republican governor Tommy Thompson began instituting welfare reform in Wisconsin during his governorship in the late-1980s and early-1990s. In lobbying the federal government to grant states wider latitude for implementing welfare, Thompson wanted

27334-638: Was a cornerstone of the Republican Party 's " Contract with America ", and also fulfilled Clinton's campaign promise to "end welfare as we know it". AFDC had come under increasing criticism in the 1980s, especially from conservatives who argued that welfare recipients were "trapped in a cycle of poverty ". After the 1994 elections , the Republican-controlled Congress passed two major bills designed to reform welfare, but they were vetoed by Clinton. After negotiations between Clinton and Speaker of

27507-404: Was a historic reversal of the entitlement welfare represented by AFDC. If the 1996 reforms had their intended effect of reducing welfare dependency, a leading indicator of success would be a declining welfare caseload. TANF administrative data reported by states to the federal government show that caseloads began declining in the spring of 1994 and fell even more rapidly after the federal legislation

27680-490: Was an entitlement program, the shift from AFDC to TANF introduced the idea of having to qualify for welfare through employment. Research from the Center on Budget and Policy Priorities found, however, that work requirements do not cut poverty as advocates for work requirements would hope. The CBPP found that increased employment weakened over time after the work requirements were put in place. They also found that "stable employment among recipients subject to work requirements proved

27853-503: Was approximately $ 2 trillion, so this represents around 0.6%. Further, CBO estimated that unspent balances would grow from $ 7.1 billion in 1998 to $ 25.4 billion by 2005. The law's effect goes far beyond the minor budget impact, however. The Brookings Institution reported in 2006 that: "With its emphasis on work, time limits, and sanctions against states that did not place a large fraction of its caseload in work programs and against individuals who refused to meet state work requirements, TANF

28026-526: Was broadcast on Chicago's CBS affiliate . Following the 2009 parade, organizers stated the group was "not planning to stage a parade in its present form". The parade was cancelled in 2010 and 2011 before being revived with more strict security and law enforcement. The Bud Billiken Parade and Picnic , the second largest parade in the U.S. and the nation's largest black parade, runs annually on Martin Luther King Drive between 31st and 51st Streets in

28199-474: Was enacted in 1996. Between 1994 and 2005, the caseload declined about 60 percent. The number of families receiving cash welfare is now the lowest it has been since 1969, and the percentage of children on welfare is lower than it has been since 1966." The effects were particularly significant on single mothers; the portion of employed single mothers grew from 58% in 1993 to 75% by 2000. Employment among never-married mothers increased from 44% to 66%. A 2017 study in

28372-619: Was heralded as a "re-assertion of America's work ethic" by the U.S. Chamber of Commerce , largely in response to the bill's workfare component. AFDC caseloads increased dramatically from the 1930s to the 1960s as restrictions on the availability of cash support to poor families (especially single-parent, female-headed households) were reduced. Under the Social Security Act of 1935, federal funds only covered part of relief costs, providing an incentive for localities to make welfare difficult to obtain. More permissive laws were tested during

28545-567: Was in 2002 when the Senate Finance Committee approved a bill to reauthorize legislation to restore some of the benefits stripped by the act. The bill reauthorized federal funds for TANF and healthcare services. The House, however, failed to authorize the bill. Opponents of entitlement welfare services introduced the idea of work requirements for previous entitlement programs such as Temporary Assistance for Needy Families (TANF). Instead of Aid to Families with Dependent Children (AFDC) which

28718-566: Was intended to give states flexibility in how they operate their welfare programs. Some states struggled to help TANF applicants find jobs, noted Peter Edelman , the director of the Georgetown Center on Poverty, Inequality and Public Policy. The change was questioned by Republicans including Dave Camp , chairman of the House Ways and Means Committee , and Orrin Hatch , who expressed concern that

28891-433: Was more rewarding for people to be actively involved in improving their lives—by building their own homes—than by receiving welfare payments from the government. PRWORA established TANF as AFDC's replacement. The Congressional findings in PRWORA highlighted dependency, out-of-wedlock birth, and intergenerational poverty as the main contributors to a faulty system. In instituting a block grant program, PRWORA granted states

29064-450: Was replaced by 50. States were given control over the amount of money dedicated to social safety net programs. States also gained the ability to impose rules and restrictions on how people could access and use social services. The Congressional Budget Office (CBO) estimated in March 1999 that the TANF basic block grant (authorization to spend) would total $ 16.5 billion annually through 2002, with

29237-603: Was replaced by code pleading in 27 states after New York enacted the Field Code in 1850 and code pleading in turn was subsequently replaced again in most states by modern notice pleading during the 20th century. The old English division between common law and equity courts was abolished in the federal courts by the adoption of the Federal Rules of Civil Procedure in 1938; it has also been independently abolished by legislative acts in nearly all states. The Delaware Court of Chancery

29410-411: Was the culmination of many years of debate in which the merits and flaws of AFDC were argued. Research was used by both sides to make their points, with each side often using the same piece of research to support the opposite view. The political atmosphere at the time of PRWORA's passage included a Republican -controlled House of Representatives and Senate (defined by their Contract with America ) and

29583-410: Was the largest cash-benefit entitlement program in the United States. The first tests for persistent effects on income and household financial health under PRWORA were the recession caused by the 2001 tech bubble crash and the 2008 economic meltdown caused by the housing bubble and the instability of the financial markets. During these two periods of economic problems, the enrollment in TANF followed

29756-493: Was to improve child support collection rates in an effort to move single parent families off of the welfare rolls, and keep them off. According to the conference report, "It is the sense of the Senate that — (a) States should diligently continue their efforts to enforce child support payments by the non-custodial parent to the custodial parent, regardless of the employment status or location of the non-custodial parent". One component of

29929-508: Was widely accepted, understood, and recognized by the Founding Fathers at the time the Constitution was ratified. Several legal scholars have argued that the federal judicial power to decide " cases or controversies " necessarily includes the power to decide the precedential effect of those cases and controversies. The difficult question is whether federal judicial power extends to formulating binding precedent through strict adherence to

#950049